Is intoxication a defence?

What happens if I committed an offence while intoxicated?

Let GJC Law explain.

Your criminal lawyer should tell you that the defence of intoxication can only be established if certain conditions are met. If made out, the defence of intoxication can be used for any criminal charge.

  1. WHAT CONSTITUTES THE DEFENCE OF INTOXICATION

Under section 85 of the Penal Code, intoxication shall be a defence if, first, the Accused did not know that his act/omission was wrong OR did not know what he was doing, and second, his state of intoxication was caused without his consent by the malicious or negligent act of another person OR his intoxication led to insanity (temporarily or otherwise) at the time of his act/omission.

In the eyes of the law, intoxication includes a state produced by narcotics or drugs.

  1. EFFECT OF DEFENCE OF INTOXICATION WHEN ESTABLISHED

The effect of the defence of intoxication depends on which of the above conditions were met. This is set out in section 86 of the Penal Code.

If the Accused’s state of intoxication was caused without his consent by the malicious or negligent act of another person, the Accused shall be acquitted. If the Accused was by reason of intoxication, insane, temporarily or otherwise, at the time of such act or omission, the Court may determine that his unsoundness of mind results in no offence being committed and in such cases, the court may order that the Accused be kept in safe custody (e.g. psychiatric institution)

  1. NEED HELP?

If you require assistance with any criminal matter, the criminal lawyers at Gloria James-Civetta are at hand. Our law firm is committed to giving clients sound legal advice. Please do not hesitate to contact us.

Should you have any questions or require legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg

 

Advertisements